§ 8801 — Definitions

When used in this chapter:

(1) “Complaint” shall mean any civil action or miscellaneous action or any application for an extraordinary writ.

(2) “Conditions of confinement” shall mean any aspect of a prisoner’s complaint that does not address the fact or duration of a prisoner’s confinement.

(3) “Court” or “courts” shall mean all constitutional or statutory courts of this State.

(4) “Factually frivolous” shall mean a claim where the factual allegations of which are baseless, of little or no weight, value or importance, not worthy of serious attention or trivial.

(5) “Federal court” shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section.

(6) “Inmate account” shall mean an account maintained by the Department of Correction in which money is held for prisoners of this State.

(7) “Legally frivolous” shall mean a claim based on an indisputably meritless legal theory.

(8) “Malicious” shall mean a claim designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims.

(9) “Prisoner” shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State.

Legislative History

70 Del. Laws, c. 411, § 1 ; 71 Del. Laws, c. 325, § 1 ; 73 Del. Laws, c. 276, §§ 1, 2